11 17-01-2025 (ct. no. 29) KOLE Allowed CRM (DB) 2702 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Nadial Police Station Case No. 37 of 2017 dated 19.03.2017 under Sections 302/201/34 of the Indian Penal Code. - A n d - In the matter of : Manjurul Islam Molla @ Manjur .... Petitioner. Mr. Sumit Kumar Basu, Mr. Shayan Sachin Basu, Mr. Tridib Sen, Mr. Sriya Adhikary, Mr. Abhijit Adhikary, Ms. A. Saha, Mr. S. Santra, Mr. S. Balial, … For the Petitioner. Mr. Ranadeb Sengupta, Ms. Mamata Jana, … For the State. Order dictated by Apurba Sinha Ray, J.: 1. Learned Advocate for the petitioner submits that the petitioner has been falsely implicated in this case and he is in custody for about seven years ten months. There is no direct evidence that he has committed the offence. The entire matter stands on circumstantial evidence. Considering the period of detention of the present petitioner and also the fact that there is no chance of an early conclusion of the trial, he may be enlarged on bail on any condition. 2. Learned State Advocate opposes the bail prayer. However, he has submitted that out of 48 charge sheet named witnesses 43 witnesses have already been examined. There are sufficient incriminating materials against the present petitioner. The 2 prosecution will complete the examination of the witnesses very soon. If the petitioner is enlarged on bail, the prosecution may suffer a lot. 3. We have considered the materials on record and found that the vulnerable witnesses and other important witnesses have already been examined. The case is based on circumstantial evidence. However, considering the period of detention and also the fact that the fundamental right of an accused to get speedy trial is one of the important considerations for grant of bail, in view of the recent decision of the Hon’ble Apex Court, we are inclined to enlarge the petitioner on bail. 4. Accordingly, we direct that the petitioner, namely, Manjurul Islam Molla @ Manjur, shall be released on bail upon furnishing a bond of Rs. 10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas subject to condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner while on bail shall not leave the jurisdiction of the learned Trial Court without prior permission and shall not enter within the jurisdiction of Nadial Police Station and shall provide his current address where he will reside to the jurisdiction of the concerned police station and shall meet the officer-in-charge of the concerned jurisdictional police station once in a fortnight until further orders. 5. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court 3 shall be at liberty to cancel the petitioner’s bail in accordance with law without further reference to this court. 6. Needless to say the observations made in this order are only for the purpose of disposing of the bail application and shall have no bearing on the trial. 7. The application for bail is, accordingly, allowed. 8. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )